Failure to Provide Written Discharge Notice and Appeal Rights
Penalty
Summary
The facility failed to provide written notice of discharge and did not inform a resident of their right to appeal prior to discharge. The resident, who had diagnoses including anxiety, heart failure, and dysphagia, was cognitively intact and required varying levels of assistance with activities of daily living. The resident went on a leave of absence (LOA) with a responsible party, with the expectation to return on a specified date. Documentation showed that the resident and responsible party communicated changes in the return date, but there was no indication that the resident expressed a desire to be discharged or that a medical provider was involved in the discharge decision. When the resident did not return at the agreed-upon time, facility staff informed the responsible party that the resident was considered discharged against medical advice (AMA) for violating LOA protocol. There was no evidence that a written discharge notice was provided or that the resident was informed of their right to appeal the discharge. Interviews with the responsible party and social worker confirmed that neither written notification nor information about appeal rights was given prior to the discharge, and the facility's documentation did not reflect involvement of a medical provider in the discharge process.